BUILDING REGULATIONS 2018

Table of Provisions

PART 1--PRELIMINARY

Division 1--Introduction

• 1 Objectives
• 2 Authorising provisions
• 3 Commencement
• 4 Revocations

Division 2--Definitions and interpretation

• 5 Definitions
• 6 Interpretation
• 7 Numerical values
• 8 Use of buildings
• 9 Approved forms

PART 2--BUILDING CODE OF AUSTRALIA

• 10 Building Code of Australia
• 10A Modifications to the BCA Volume One and BCA Volume Two
• 11 Use of BCA terms
• 12 Classification of buildings
• 13 Relevant building surveyor must determine the classification of a building

PART 3--OWNER-BUILDERS

Division 1--Applications for certificates of consent for owner‑builders

• 14 Applications for certificates of consent
• 15 Information to accompany application for certificate of consent
• 16 Additional information to accompany application for certificate of consent if land is owned by body corporate
• 17 Additional information to accompany application for certificate of consent if land is subject to trust
• 18 Fee for an application for certificate of consent
• 19 Required knowledge for owner-builders
• 19A Exemption relating to small second dwellings

Division 2--Certificates of consent

• 20 Information in certificate of consent
• 21 Register of certificates of consent
• 22 Publication of information kept on the register of certificates of consent

PART 4--BUILDING PERMITS

Division 1--Exemptions

• 23 Exemptions from building permits

Division 2--Applications for building permits

• 24 Applications for building permits
• 25 Application for permit to construct or alter building
• 26 Application for permit to demolish or remove building
• 27 Exemption from application requirements for certain building work
• 28 Application for permit where swimming pool or spa proposed
• 29 Additional information to accompany application for permit

Division 3--Report or consent of reporting authorities

• 30 Prescribed reporting authorities
• 31 Prescribed matters
• 32 Time limits for application to be given to reporting authority
• 33 Further time for an applicant to supply a report or consent
• 34 Time limits relating to the report or consent of reporting authorities
• 35 Time within which relevant building surveyor must decide application for building permit
• 36 Maximum fees for report and consent

Division 4--Building permits

• 36A Manner in which relevant building surveyor may be satisfied of builder's insurance details
• 36B Specification of builders in relation to specific building work
• 37 Issue of building permit
• 38 Building surveyor to document determination of performance solution
• 39 Building surveyor to provide copy of permit
• 40 Applicant to make documents, permit available
• 41 Provision and display of permit information
• 42 Owner to notify of change of details or owner
• 43 Builder to notify change of name or address

Division 5--Duties of building surveyor

• 44 Documents to be given to council
• 45 Lodgement fees
• 47 Information the relevant building surveyor must give to the Authority
• 47A Relevant building surveyor must notify Authority and relevant council of certain information
• 48 Guarantees and bonds

Division 6--Duties of council

• 49 Period that documents must be kept
• 50 Relevant council to make documents available on request
• 51 Requests for information from relevant council
• 52 Fees for requests for information

Division 7--Time limits for building work and permits

• 53 Commencement of work
• 54 Completion of building work
• 55 Lapsing of building permit
• 56 Notice of imminent lapse of building permit—commencement of work
• 57 Notice of imminent lapse of building permit—completion of work
• 58 Copy of notice of imminent lapse of building permit to be provided
• 59 Extension of building permit

Division 8--Combined allotments

• 60 Application to treat a combined allotment as one allotment
• 61 Information to be contained in or documents to accompany application
• 62 Building surveyor may request more information
• 63 Application may be refused if information not provided
• 64 Determination to treat a combined allotment as one allotment
• 65 Effect of determination
• 66 Revocation of determination
• 67 Private building surveyor may exercise functions of municipal building surveyor under this Division

PART 5--SITING, DESIGN AND ACCESS REQUIREMENTS

Division 1--Introduction

• 68 Application
• 69 What is an existing building?
• 70 What is a single dwelling?
• 71 Approved building envelope design overrides siting requirement

Division 2--Single Class 1 buildings and associated Class 10a buildings

• 72 Application of this Division
• 73 Maximum street setback
• 74 Minimum street setbacks
• 74A Building setback for small second dwellings
• 75 Building height
• 76 Site coverage
• 76A Minimum garden area
• 77 Permeability
• 78 Car parking
• 79 Side and rear setbacks
• 80 Walls and carports on boundaries
• 81 Daylight to existing habitable room windows
• 82 Solar access to existing north-facing habitable room windows
• 83 Overshadowing of recreational private open space
• 84 Overlooking
• 85 Daylight to habitable room windows
• 86 Private open space
• 86A Private open space for small second dwellings
• 86B Accessibility for small second dwellings

Division 3--Siting of Class 10a buildings

• 87 Siting of Class 10a buildings

Division 4--Class 10b structures

• 88 Application of Division
• 89 Front fence height
• 90 Fence setbacks from side and rear boundaries
• 91 Fences on or within 150 mm of side or rear boundaries
• 92 Fences on intersecting street alignments
• 93 Fences must not include barbed wire
• 94 Fences and daylight to habitable room windows in existing dwelling
• 95 Fences and solar access to existing north-facing habitable room windows
• 96 Fences and overshadowing of recreational private open space
• 97 Masts, poles etc.

PART 6--PROJECTIONS BEYOND STREET ALIGNMENT

• 98 Projections beyond street alignment
• 99 Architectural features—narrow street
• 100 Architectural features—medium street
• 101 Architectural features—wide street
• 102 Windows and balconies
• 103 Verandahs
• 104 Sunblinds and awnings
• 105 Service pipes, rainwater heads and service installations
• 106 Window shutters
• 107 Signs
• 108 Service cabinet doors
• 109 Report and consent required
• 110 Footings adjoining boundaries are permissible

PART 7--PROTECTION OF ADJOINING PROPERTY AND THE PUBLIC

Division 1--Protection of adjoining property by means of protection work

• 111 Required protection work
• 112 Matters relevant building surveyor must consider when determining if protection work required
• 113 Protection work notice
• 114 Protection work response notice
• 115 Notice of relevant building surveyor determination

Division 2--Protection of the public

• 116 Protection of the public

Division 3--Demolition

• 117 Demolition

Division 4--Excavations and retaining walls

• 118 Excavations
• 119 Retaining walls

PART 8--BUILDING WORK

Division 1--Methods of assessment of compliance

• 120 Testing of materials
• 121 Fire performance requirements—performance solutions
• 122 Certificates of compliance—proposed building work
• 123 Certificates of compliance—building work
• 124 Registered building practitioner or endorsed building engineer must document performance solutions in certificate of compliance
• 125 Evidence of suitability—certificate from professional engineer or other qualified person
• 126 Forms of certificates of compliance

Division 2--Special provisions

• 127 Record of pile-driving
• 128 Branding of timber
• 129 Requirements for permits involving fire safety matters
• 130 Report and consent for building over easements
• 131 Report concerning need for electricity substations
• 132 Report and consent for septic tank systems
• 133 Stormwater drainage
• 134 Buildings above or below certain public facilities

PART 9--FIRE SAFETY REQUIREMENTS

• 144 Definition of owner
• 145 Automatic smoke detection and alarm systems
• 146 Residential care buildings—automatic fire suppression systems
• 147 Shared accommodation buildings—automatic fire suppression systems
• 147AA Modification to the BCA Volume One in relation to fire sprinkler system requirements

PART 9A--SAFETY REQUIREMENTS FOR, REGISTRATION OF, AND CERTIFICATION OF BARRIERS FOR, SWIMMING POOLS AND SPAS

Division 1--Application of Part

• 147A Application of this Part

Division 2--Requirements for barriers for swimming pools and spas

• 147B Application of Division
• 147C Requirement for barriers
• 147D Requirements for doors or gates
• 147E Requirements for windows in walls used as barriers

Division 3--Maintenance and operation of barriers for swimming pools and spas

• 147F Swimming pool and spa barrier maintenance
• 147G Swimming pool and spa barrier operation
• 147H Swimming pool and spa barrier gate must remain closed

Division 4--Registration of swimming pools and spas

• 147I Certain swimming pools and spas exempted from section 216D of the Act
• 147J Prescribed information for swimming pool and spa registers
• 147K A register must be maintained in the following form and manner
• 147L Application for registration of swimming pools and spas constructed, or where construction commenced, before 1 November 2020
• 147M Application for registration of swimming pools and spas constructed on or after 1 November 2020
• 147N Application for registration of relocatable swimming pools and relocatable spas
• 147O Relevant council may require owner to apply for registration of swimming pool or spa
• 147P Form and fee for registration application
• 147Q Council must register swimming pool or spa on receipt of application
• 147R Relevant council must give a notice to the applicant of registration of swimming pool or spa and certain other matters
• 147S Removal of swimming pool or spa from a register

Division 5--Inspection and certification of compliance of barriers

• 147T Determination by the relevant council of the date of construction of a swimming pool or spa
• 147U Determination by the relevant council of the date of construction of a relocatable swimming pool or relocatable spa
• 147V Obligation to lodge certificate of pool and spa barrier compliance
• 147W Exemption from requirement to provide first certificate of pool and spa barrier compliance for certain swimming pools and spas
• 147X Fees for lodging a certificate of pool and spa barrier compliance with a relevant council
• 147Y Issuing of certificates of pool and spa barrier compliance
• 147Z Relevant council may extend time for lodgement of a certificate of pool and spa barrier compliance
• 147ZA Application of this Subdivision
• 147ZB Issue of certificate of pool and spa barrier compliance by relevant building surveyor following completion of work
• 147ZC Owner must lodge certificate of pool and spa barrier compliance with relevant council following certain work
• 147ZD Relevant council must update applicable barrier standard in register
• 147ZE Relevant council must confirm receipt of certificate of pool and spa barrier compliance

Division 6--Issuing of certificates of pool and spa barrier non-compliance and related matters

• 147ZF Circumstances in which a certificate of pool and spa barrier non-compliance must be immediately issued
• 147ZG Procedure if a barrier does not meet the applicable barrier standard
• 147ZH Further inspection of a non-compliant barrier
• 147ZI Issuing a certificate of pool and spa barrier non‑compliance under this Division
• 147ZJ Fees for lodging a certificate of pool and spa barrier non-compliance with a relevant council
• 147ZK Municipal building surveyor may serve a barrier improvement notice on owner

Division 7--General

• 147ZL Relevant council's actions following transfer of land containing a registered swimming pool or registered spa
• 147ZM Relevant council to provide information from register to the Authority

PART 10--DESIGNATION OF SPECIAL AREAS FOR BUILDING WORK

• 148 Mapping of designated special areas
• 149 Alteration to and creation of designated special area
• 150 Termite risk areas
• 151 Construction in termite risk areas
• 152 Significant snowfall areas
• 153 Report and consent for building in areas liable to flooding
• 154 Report and consent for construction on designated land or designated works

PART 11--BUSHFIRE SAFETY

Division 1--Construction in designated bushfire prone areas

• 156 Relevant building surveyor must accept bushfire attack level in planning scheme or site assessment for planning permit
• 157 Relevant building surveyor must accept bushfire attack level of 12·5

Division 2--Requirements for buildings replacing buildings destroyed in the 2009 bushfires

• 159 Application of this Division
• 160 Static water supply for fire fighting purposes
• 161 Access for emergency vehicles
• 162 Report and consent required for non-complying static water supply and access

Division 3--Private bushfire shelters

• 163 Application of this Division
• 164 Private bushfire shelter construction requirements
• 165 Private bushfire shelter performance requirements—performance solutions
• 166 Private bushfire shelter maintenance and operation

PART 11A--EMERGENCY PROVISIONS

Division 1--Definition in this Part

• 166AA Definition of emergency

Division 2--Emergency accommodation buildings

• 166A Definitions in this Division
• 166B Meaning of emergency accommodation building
• 166C Intended occupier must notify the relevant council of intended occupation of emergency accommodation building
• 166D Occupation of emergency accommodation building prohibited before notified commencement date
• 166E Municipal building surveyor may inspect emergency accommodation building
• 166F Requirements for emergency accommodation buildings
• 166G Exemption from certain requirements for emergency accommodation buildings
• 166H Occupation of emergency accommodation building prohibited unless building complies with the Act and these Regulations

Division 3--Exemption from the building permit levy for emergency recovery

• 166I Definition in this Division
• 166J Rebuilding of a dwelling destroyed in an emergency exempt from building permit levy
• 166K Refund of building permit levy relating to rebuilding of a dwelling destroyed in an emergency

PART 12--INSPECTIONS, NOTICES AND ORDERS, AND REGISTER OF POWERS OF ENTRY

Division 1--Inspections and directions

• 167 Prescribed mandatory notification stages for construction or alteration of building
• 168 Prescribed mandatory notification stages for demolition or removal of building
• 169 Prescribed mandatory notification stages for construction of swimming pool or spa
• 170 Omission of irrelevant mandatory notification stage
• 171 Building permit must specify mandatory notification stages
• 172 Building surveyor must cause fire and smoke resisting building elements to be inspected
• 173 Record of inspection of building work
• 174 Prescribed persons carrying out inspections
• 175 Relevant building surveyor to keep and make available directions to fix building work
• 176 Person to whom authorised person must give documents under section 37J of the Act

Division 2--Notices and orders

• 177 Emergency orders
• 178 Form of emergency orders
• 179 Building notices
• 180 Form of building notice
• 181 Building orders
• 182 Form of building orders
• 182A Additional information in order or notice served in accordance with section 236(4A) of the Act

Division 3--Powers of entry

• 183 Register of exercise of powers of entry

PART 13--OCCUPANCY PERMITS AND CERTIFICATES OF FINAL INSPECTION

Division 1--General

• 184 Application of Part
• 185 Exemptions from occupancy permit

Division 2--Applications for occupancy permit

• 186 Application for occupancy permit
• 187 Reporting authorities for occupancy permit
• 188 Time limits for application to be given to reporting authority
• 189 Time limits relating to the report or consent of reporting authorities
• 190 Time within which relevant building surveyor must decide application for occupancy permit
• 191 Time within which municipal building surveyor must decide application to amend occupancy permit

Division 3--Occupancy permits

• 192 Form of occupancy permit
• 193 Relevant building surveyor to provide copy of permit
• 194 Occupancy permit must specify essential safety measures and related requirements
• 195 Condition on occupancy permit
• 196 Compliance with AS 1851—2012 taken to be compliance with earlier standards

Division 4--Display and inspection requirements for occupancy permits

• 197 Display of occupancy permit at approved location
• 198 Approved location for display of permit
• 199 Owner to make permit available for inspection

Division 5--Certificates of final inspection

• 200 Form of certificate of final inspection
• 201 Relevant building surveyor to notify chief officer of issue of certificates of final inspection

Division 6--Records

• 202 Keeping of occupancy permit records
• 203 Documents to be given to council
• 204 Prescribed time to give council other documents
• 205 Information to be supplied to council

PART 14--PLACES OF PUBLIC ENTERTAINMENT

• 206 Prescribed classes of buildings or places
• 207 Prescribed temporary structures
• 208 Exemption from permit for temporary structures
• 209 Prescribed place of public entertainment
• 210 Conditions on occupancy permits
• 211 Safety officer qualifications
• 212 Structural design of prescribed temporary structures

PART 15--MAINTENANCE OF BUILDINGS AND PLACES OF PUBLIC ENTERTAINMENT

Division 1--Maintenance of essential safety measures

• 213 Application of this Division
• 214 Definitions in this Division
• 215 Maintenance determinations for essential safety measures in buildings and places of public entertainment
• 216 Owner must comply with maintenance determination
• 217 Compliance with AS 1851—2012 taken to be compliance with earlier standards
• 218 Relevant building surveyor must prepare or update maintenance schedule for an existing building or place of public entertainment
• 219 Owner of building or place of public entertainment may apply for maintenance schedule
• 220 Building surveyor may prepare maintenance schedule
• 221 Building surveyor must give owner copy of maintenance schedule
• 222 Maintenance schedules
• 223 Owner must prepare annual essential safety measures report
• 224 Contents and form of annual essential safety measures report
• 225 Records relating to essential safety measures must be made available
• 226 Maintenance responsibility of owner of building or place of public entertainment
• 227 Essential safety measures not to be removed from approved locations

Division 2--Maintenance of exits and paths of travel relating to buildings or places of public entertainment

• 228 Maintenance of exits and paths of travel by occupiers of buildings or places of public entertainment

PART 16--EXISTING BUILDINGS

Division 1--Change of use of existing buildings

• 229 Change of use
• 230 Private building surveyor may exercise functions of municipal building surveyor under regulation 229

Division 2--Subdivision of existing buildings

• 231 Subdivision of existing building
• 232 Private building surveyor may exercise functions of municipal building surveyor under regulation 231

Division 3--Alterations

• 233 Alteration to existing building
• 234 Alterations affecting exits and paths to exits
• 235 Extension of non-complying external wall
• 236 Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities

Division 4--General

• 237 Small live music venue classification

PART 17--BUILDING PRODUCT ACCREDITATION

Division 1--Definitions

• 238 Definitions

Division 2--Accreditation persons and bodies

• 239 Prescribed persons and bodies to accredit building products
• 240 Definition of Certificate of Accreditation in the BCA

Division 3--Accreditation by Committee

• 241 Application of Division
• 242 Application for accreditation
• 242A Application for renewal of accreditation
• 242AB Application for variation of accreditation
• 242B Refusal to accredit, renew or vary an accreditation
• 243 Information in application to remain confidential
• 244 Accreditation fees
• 244A Notice of accreditation, renewal of, imposition of a condition on, or variation of, an accreditation
• 245 Issue or re-issue of a certificate of accreditation
• 246 Revocation of accreditation
• 247 Holder may request revocation of accreditation
• 248 Notice of revocation of accreditation
• 249 Accreditation ceases to have effect on revocation
• 250 Offence to falsely claim product accredited

Division 4--Register and records

• 251 Register of accredited products
• 252 Records

Division 5--Exemptions relating to accreditation of building products by prescribed persons and bodies

• 253 Exemption relating to register of accredited products
• 253A Exemption from transitional provisions for building products accredited on or after 1 January 2019
• 253B Exemption from transitional provisions for building products accredited before 1 January 2019

PART 18--BUILDING PRACTITIONERS

Division 1--Registration

• 254 Information to accompany application for registration
• 255 Certificate of registration
• 256 Condition of registration
• 256A Authority to be advised of nominee director changes

Division 1A--Register of Building Practitioners

• 256B The Register of Building Practitioners
• 256C Publication of information on Register of Building Practitioners

Division 2--Prescribed qualifications and classes of building practitioner and prescribed work

• 257 Prescribed classes of building practitioner
• 258 Prescribed qualifications
• 259 Building surveyor work
• 260 Building inspector work
• 261 Domestic builder work

Division 3--Requirements for advertising and written statements

• 262 Advertisements or written statements by registered building practitioners
• 263 Advertisements or written statements by partnerships

Division 3A--Probity and discipline

• 263A Authority must be notified of probity matters
• 263B Grounds for disciplinary action
• 263C Grounds for immediate suspension

Division 4--General

• 264 Notice of suspension or cancellation of registration
• 265 Professional standards
• 266 Duplicate certificate fee
• 267 Period for which private building surveyor may not act

Division 5--Exemptions for certain building practitioners

• 268 Relevant building surveyor exempt from section 24A in relation to certain types of building work
• 269 Relevant building surveyor exempt from section 24(6) and (7) of the Act in relation to certain building permit applications
• 269A Relevant building surveyor exempt from certain requirements in section 24A(1) of the Act in relation to issuing certain building permits
• 269B Certain persons exempt from section 169F(1) of the Act

PART 19--APPEALS AND REVIEWS

• 271 Appeal periods
• 272 Appeal, referral and application fees
• 273 Fees for fast track appeals
• 274 Refund of fees by Authority
• 275 Review period

PART 20--INFRINGEMENT NOTICES

• 276 Authorised officers
• 277 Prescribed offences
• 278 Prescribed penalties

PART 21--EXEMPTIONS

• 279 Exemptions from building regulations
280. Exemption for Class 10 buildings on farm land
• 281 Exemptions relating to building surveyors for certain buildings
• 281A Exemption from certain fees
• 281B Exemption from building permit levy for building work relating to social housing
• 281C Refund of certain building permit levy
• 281D Authority is exempted from calculation and notification requirements

PART 22--TRANSITIONAL AND SAVINGS PROVISIONS

• 283 Registration of building practitioners not affected by revocation of Building Interim Regulations 2017
• 284 Domestic builder (manager)
• 285 Appointment of private building surveyor

PART 23--REVOCATION OF TEMPORARY FEES

• 286 Revocation of regulations prescribing fees
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